DOPT’ has issued orders on UPSC to devise methods for reducing the time taken by it in rendering its advice under Article 320(3) (c) of the Constitution372/3/2007-AVD-III (Vol. 10) in a major penalty case.

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***

North Block, New Delhi
Dated: 14th October, 2013

Office Memorandum

Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee) – Para 48 of the Committee’s Report on conclusion of major penalty proceedings within a period of 18 months – Acceptance by Government – reg .

***

The undersigned is directed to say that the Government had appointed a Committee of Experts to review the procedure for DisciplinaryNigilance Inquiries and recommend measures for their expeditious disposal. The Committee comprised the following:
(i) Shri P.C. Hota, Former Chairman, UPSC Chairman
(ii) Slid Arvind Varma, Former Secretary, DoPT Member
(iii) Shri P. Shankar, former CVC Member.
2. The Expert Committee has, in para 48 of its Report, made the following recommendation:-
“48. For major penalty Inquiries as envisaged in Article 311(2) of the Constitution, where the Inquiry Officer has to do a detailed inquiry into the Articles of Charge by examination of witnesses both of the Presenting Officer and of the delinquent Government Servant and where relevant documents have to be examined/exhibited for a just decision in the case, the maximum time could be twelve months from the date of service of the Articles of Charge before the case records are referred to the UPSC for advice under Article 320(3)(c) of the Constitution.
Hopefully, if the UPSC takes a maximum period of five to six months to give its considered advice, the Disciplinary Inquiry for a major penalty can be concluded within a maximum period of eighteen months from the date of service of Articles of Charge on the delinquent Government Servant till the date of the final order by the Disciplinary Authority, after consultation with the UPSC. (Elsewhere in this Report, we have recommended that the CVC’s second stage advice may be dispensed with because of reasons mentioned by us. We would like to leave it to the best judgment of the UPSC to devise methods for reducing the time talcen by it in rendering its advice under Article 320(3) (c) of the Constitution.)”.
3. The aforesaid recommendation of the Hota Committee was considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary. The CoS has, inter alia, taken note of the fact that, vide DoPT’s 0.M.No.372/19/2011-AVD-111(Pt.1) dated 26th September, 2011, the second stage consultation with the Central Vigilance Commission has already been dispensed with and that it is only in cases where consultation with UPSC is not required as per extant rules/instructions, the second stage consultation with CVC is now necessary. The CoS also took note of the fact that the introduction of a single window system in the UPSC to accept files regarding major penalty proceedings has led to considerable — reduction in time taken to conclude major penalty proceedings. The CoS has accordingly recommended that the recommendation of the Hota Committee in para 48 of its report as referred to above may be accepted. The recommendation has accordingly been accepted by the Government and it has been decided that all Ministries/Departments shall ensure that all major penalty proceedings against government servants under their control are completed and final orders are passed by the concerned Disciplinary Authority within 18 months from the date of delivery of charge-sheet on the delinquent government servant.
4. The above decision of the Govenunent is brought to the notice of all Ministries/Departments for strict compliance.